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A Word from the Editor: Are the Patent Laws About to Change?
The Supreme Court has recently taken an increased interest in patent cases. In recent months the Supreme Court has granted certiorari on a trilogy of patent cases: Medimmune, Inc. v. Genentech, Inc., case number 05-608, on Feb. 21, 2006 (www.supremecourtus.gov/docket/05-608.htm); Ebay, Inc. v. MercExchange, L.L.C., case number 05-130, on Nov. 28, 2005 (www.supremecourtus.gov/docket/05-130.htm) and Lab Corp. of Am. Holdings v. Metabolite Labs, Inc., case number 04-607, on Oct. 31, 2005 (www.supremecourtus.gov/docket/04-607.htm). Collectively, the decisions in these cases could reshape the patent landscape: addressing the right of licensees to challenge patents, the ability of patent holders to secure injunctions and the breadth of business method patents. More specifically, the questions before the Court in the three cases are set forth below.
The question presented in Medimmune is: “Does Article III's grant of jurisdiction of 'all Cases … arising under … the Laws of the United States,' implemented in the 'actual controversy' requirement of the Declaratory Judgment Act, 28 U.S.C. '2201(a), require a patent licensee to refuse to pay royalties and commit material breach of the license agreement before suing to declare the patent invalid, unenforceable or not infringed?” The Federal Circuit decision can be found at 427 F.3d 958 (Fed. Cir. 2005).
The question presented in Ebay is: “Whether the Federal Circuit erred in setting forth a general rule in patent cases that a district court must, absent exceptional circumstances, issue a permanent injunction after a finding of infringement.” The Federal Circuit decision can be found at 401 F.3d 1323 (Fed. Cir. 2005).
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?